City Council

MINUTES OF CITY COUNCIL MEETING ARTESIA, NEW MEXICO June 27, 2023 11 The City Council of the City of Artesia, New Mexico met in the City Council Chambers at City Hall on Tuesday, June 27, 2023, at 5: 00 p.m. in regular session with Mayor Jonathan Henry presiding, and the following present to wit: Wade Nelson Raul Rodriguez Ignacio Mariscal Sam Hagelstein Jeff Youtsey Jarrod Moreau Also, present: Summer Valverde, City Clerk/ Treasurer Cass Tabor, City Attorney Absent: Richard Townley George Mullen It was determined that a quorum was present. The invocation was given by Councilor Rodriguez and all joined in the Pledge of Allegiance. New Requests for City Facilities: A. * Ratification of the Mayor' s approval for Andrea& Daniel Fear to hold a Birthday Party on Saturday, June 6, 2023, from 4: 00 pm- 8: 00 pm. City Clerk Summer Valverde announced the ratification of Andrea& Daniel Fear Birthday Party. Councilor Rodriguez motioned to approve the ratification of the birthday party. Seconded by Councilor Hagelstein and upon vote, the motion carried. B. * First Methodist Church request approval to hold a Bible School in the Park on Saturday, July 8, 2023, from 8: 00 am to 1: 00 pm. City Clerk Summer Valverde announced the First Methodist Bible Study in the Park. Councilor Rodriguez motioned to approve Bible Study in the Park. Seconded by Councilor Moreau and upon vote, the motion carried. City Departments and Employees None. Special Reports None. Consent Agenda  Minutes, June 27, 2023 Page 2 Councilor Rodriguez made a motion to approve the consent agenda as written. Second, by Councilor Mariscal and upon vote, the motion carried. CONSENT AGENDA June 27, 2023 1. Approval of Minutes June 13, 2023 2. Consideration of Bids: 3. Contracts, Leases, and Agreements: C. * Approval of Memorandum of Agreement with the City of Artesia and the Eddy County DWI Program for DWI Offender Tracking services. D. * Approval of Memorandum of Agreement with the Eddy County DWI Program to file a joint application for FY24 CDWI Funds 4. Appointments: 5. Personnel Resignations, Hirings, Promotions, and Transfers: Upon recommendation of the Mayor, subject to successful completion of required pre- employment testing, permission to: A. * Hire: Name Department Position Rate of Pay 1. William Johnson II Police Uncertified Police 22. 36 p/ hr Officer CAP5 Step 1 B. Ratification to hire: 1. Brandon Ornelas Water Water Technician 2, 507 p/ mo CA22 C. Promotions: 1. Joshua Bechtel IT Technician IT Senior Technician $ 3, 909. 44 p/ mo D. Demotions: 1. Catalina Franco Police Detention Officer 4 Community Service Officer E. Resignations: 1. Accept the resignation of Peter Newman, IT, IT Administrator, effective June 30, 2023. F. Exit: 1. Tommy Raglin Facilities Maintenance Facilities Specialist 06/ 06/ 2023 6. Dates of Hearing: 7. * Travel and Training: A. Ratification of Mayor Henry' s approval for one( 1) employee to attend the Wastewater— NMWWA WC Section Ray Espinoza Memorial Workshop 2023 in Grants, NM. B. Fire— Permission for one( 1) employee to attend the New Mexico Grant Council Awards Meeting in Albuquerque, NM. C. Police— Permission for one( 1) employee to attend the Animal Humane New Mexico Conference in Albuquerque, NM. D. Police— Permission for one ( 1) employee to attend the First Aid CPR Instructor Course in Roswell, NM. E. Police— Permission for one( 1) employee to attend the 1st Line Supervisor Leadership Course in Albuquerque, NM. 8. Routine Requests for City Facilities: 9. Routine Resolutions( to be assigned a number by staff): 10. Budgeted Items: 11. Quarterly Journal Entries: 12. Non- budgeted Items: 13. * Payment of Bills  Minutes, June 27, 2023 Page 3 Mayor Henry requested to move up item number 14- A from the agenda to be discussed before the public hearings. Councilor Rodriguez made a motion to move up item number 14A. Seconded by Councilor Hagelstein and upon vote, the motion carried. Item# 14A A. *Permission to issue a permit to HF Sinclair Navajo Refinery for a Wastewater Discharge Permit Infrastructure Director Byron Landfair explained the Wastewater Discharge Permit and stood for questions. Councilor Moreau asked how it affects the city. Mr. Landfair explained the difference was the capacity of discharge and gave an explanation of the difference. Councilor Rodriguez made a motion to approve HF Sinclair Navajo Refinery for a Wastewater Discharge Permit. Seconded by Councilor Mariscal and upon vote, with Mayor Pro Tern Youtsey abstaining, the motion carried. Public Hearings— including consideration of final passage of any ordinance as to which proper notice has been published. Mayor Henry A. * Consideration and approval of an ordinance for Case No. 23- 01: Zone Change from Suburban acreage, type 2 district( SA- 2) to Business district C). Request to change the zoning district of one( 1) lot from SA- 2 to C; Location: South of 112 S. 33rd Street; Legal: Lot 7, Block 2, Charley H. Smith Addition; Owner: NM Tiny Homes, LLC a. Staff comments Community Development Director Jim McGuire explained the changes to the ordinance zone changes. Mr. McGuire also stated that this went before the Planning and Zoning Commission for review on May 17, 2023, meeting and unanimously recommended approval. Staff also supports the proposed zone change request. b. Public comments— None. c. City Attorney questions.— Attorney Cass Tabor stated it' s comments/ within the purview of the council to approve this. d. Council comments/ questions— None. e. Entertain a motion and second from Council— Councilor Rodriguez made a motion to approve. Seconded by Councilor Mariscal and upon vote. The motion was amended by Councilor Rodriguez and seconded by Councilor Mariscal Upon roll call vote, with the following votes recorded: Aye: Nelson, Youtsey, Moreau, Rodriguez, Hagelstein, Mariscal Nay: None. f. Council action i. Approve Case No. 23- 01. ORDINANCE 1107 B. * Consideration and approval of an ordinance for Case No. 23- 02: Annexation and Zoning Designation to Light industrial district( M- 1). Request to annex  Minutes, June 27, 2023 Page 4 32. 882 acres and designate the zoning district to M- 1; Location: Between 103 and 117 E. Compress Road; Legal: The W/2 E/ 2 NW/ 4 Less the East 50 Feet 11 and Less Tract B of the Karr Boundary Line Adjustment, in Section 33, Township 16 South, Range 26 East, to the County of Eddy, New Mexico; and the North 30 Feet Public R.O. W. of Tract A of the Williams/ Gray Boundary Line Adjustment in Section 28, Township 16 South, Range 26 East; Owners: City of Artesia and Gray Farm, LLC a. Staff comments Community Development Director Jim McGuire explained the changes to the ordinance zone changes and would be within the city limits. Mr. McGuire also stated that this went before the Planning and Zoning Commission for review on May 17, 2023, meeting and unanimously recommended approval. Staff also supports the proposed zone change request. b. Public comments— None. c. City Attorney Attorney Tabor stated it was comments/ questions— discussed and is now up to the council. d. Council comments/ questions— None. e. Entertain a motion and second from Council- Councilor Rodriguez made a motion to approve ordinance 1108. Seconded by Councilor Mariscal and Councilor Hagelstein and upon roll call vote, with the following votes recorded: Aye: Mariscal, Hagelstein, Rodriguez, Moreau, Youtsey, Nelson Nay: None f. Council action i. Approve Case No. 23- 02. ORDINANCE 1108 C. * Consideration and approval of an amendment to Section 9- 9- 2. F. 9 of the Zoning Regulations. Providing additional clarifications for allowing open- frame carports to encroach into the required front yard setback. a. Staff comments Community Development Director Jim McGuire explained that the next three are out of our title nine zoning regulations. This first one is an amendment to Sect. 9- 9- 2. F. 9 allowing open carports to encroach into the recorded yard setback. Mr. McGuire went into explanation to the council about the amendment. He stated this went before the Planning and Zoning Commission at their meeting on May 17, 2023, and unanimously recommended approval and staff supports the proposed amendment to section 9- 9- 2. F. 9 of the Zoning Regulations. b. Public comments— None. c. City Attorney comments/ questions- d. Council comments/ questions— Councilor Rodriguez asked if he had seen any increase in carport permits being issued recently. Mr. McGuire responded there have been a few within the guidelines. And we will move forward with this and not go back. e. Entertain a motion and second from Council— Councilor Rodriguez made a motion to approve Ordinance 1109. Seconded by Councilor Hagelstein and upon roll call vote, with the following votes recorded: Aye: Nelson, Youtsey, Mariscal, Rodriguez, Hagelstein, Moreau Nay: None f. Council action Approve Amendment to Section 9- 9- 2. F. 9. Ii. ORDINANCE 1109  Minutes, June 27, 2023 Page 5 D. * Consideration and approval of an ordinance for amendments to Sections 9- 2- 2 11 and 9- 4- 3 of the Zoning Regulations. Adding the definition MODEL HOME( S) and including them as permitted uses in the R- 1A and R- 1B zoning districts and the other zoning districts that permit anything allowed in those two districts. a. Staff comments Community Development Director Jim McGuire stated this next proposed ordinance amendment deals with modeled homes. Mr. McGuire went into an explanation of the concerns and amendment changes to the ordinance. Mr. McGuire also stated that this did go before the Planning and Zoning Commission for review on May 17, 2023, meeting and unanimously recommended approval and staff also support the proposed amendments to Sect. 9- 2- 2 and 9- 4- 3 of the Zoning Regulations. b. Public comments— None. c. City Attorney comments/ questions— None. d. Council comments/ questions— None. e. Entertain a motion and second from Council— Councilor Rodriguez made a motion to approve Ordinance 1110. Seconded by Councilor Moreau and upon roll call vote, with the following votes recorded: Aye: Hagelstein, Nelson, Mariscal, Youtsey, Rodriguez, Moreau Nay: None f. Council action i. Approve Amendment to Sections 9- 2- 2 and 9- 4- 3. ORDINANCE 1110 E. * Consideration and approval of an ordinance for amendments to Sections 9- 12- 2, 9- 12- 7, and 9- 12- 10 of the Zoning Regulations. Providing provisions to allow E1 home businesses that are in conformance with the New Mexico Homemade Food Act. a. Staff comments Community Development Director Jim McGuire explains the final ordinance deals with home business chapter 12 and went into explanation over the New Mexico Homemade Food Act that had come into effect on July 1, 2021. He goes into explanation and the changes that will be made to accommodate the Act. He also stated this went before the Planning and Zoning Commission for review on May 17, 2023, meeting and unanimously recommended approval and staff also supports the proposed amendments to Sections 9- 12- 2, 9- 12- 7, and 9- 12- 10 of the Zoning Regulations. b. Public comments— None. c. City Attorney comments/ questions— Attorney Cass Tabor stated it was discussed. d. Council comments/ questions— None. e. Entertain a motion and second from Council— Councilor Rodriguez made a motion to approve Ordinance 1111. Seconded by Councilor Hagelstein and upon roll call vote, with the following votes recorded: Aye: Moreau, Rodriguez, Youtsey, Nelson, Hagelstein, Mariscal Nay: None f. Council action i. Approve Amendments to Sections 9- 12- 2, 9- 12- 7, and 9- 12- 10. ORDINANCE 1111 F. * Consideration and approval to amend the Ordinance 615 Sections 1- 6- 4, 1- 6- 5, 1- 6- 6, 1- 6- 7, and 1- 6- 16 of the Employee Practices& Regulation.  Minutes, June 27, 2023 Page 6 a. Staff comments Human Resource Director Jerry Conde explained that there were little changes made to them that needed to be done due to the comp study. Mr. Conde tackled each section one by one. Mr. Conde began with Section 1- 6- 4 and went into explanation and verbiage changes. There were no public comments. Mr. Conde moved onto Section 1- 6- 5 Probationary Period. Mr. Conde asked Chief Roberts to explain that section. Mayor Pro Tem Youtsey asked in section 1- 6- 5 how the back pay was done in the past. Mr. Conde responded with it was back paid in the past and this will allow them to start where they need to rather than must do retro pay. There were no public comments for this section. Mr. Conde moved onto Section 1- 6- 6 Changes in Employment Status. Mr. Conde went into explanation and changes and how the comp study influenced this part. Councilor Rodriguez asked if the comp study told us to jump from 5% to 6%. Mr. Conde responded with a yes. There were no public comments. Mr. Conde moved onto Section 1- 6- 7 Performance Appraisal and explained and changed verbiage. Chief Roberts also gave his comments on how they do their evaluations in his department. Discussion took place over the performance appraisal processes. Councilor Rodriguez stressed that we should be doing exit interviews as well. Mr. Conde moved on to the final Section 1- 6- 16 Leave Policy. Mr. Conde explained the Leave Policy. Discussion took place over the Leave Policy. b. Public comments - ( read above) c. City Attorney comments/ questions— None. d. Council comments/ questions—( read above) e. Entertain a motion and second from Council— Councilor Rodriguez 11 made a motion to approve Ordinance 1112. Seconded by Councilor Hagelstein and upon roll call vote, with the following votes recorded: Aye: Youtsey, Hagelstein, Mariscal, Nelson, Moreau, Rodriguez Nay: None f. Council action i. Approve Ordinance 1112 amend Ordinance 615 Sections 1- 6- 4, 1- 6- 5, 1- 6- 6, 1- 6- 7, and 1- 6- 16 of the Employee Practices& Regulation. ORDINANCE 1112 G. Adjourn Public Hearings— Mayor Henry at 5: 55 pm. Period for Hearing Visitors None. Comments from Public Officials and Contracted Services None. 11 Committee Reports:  Minutes, June 27, 2023 Page 7 A. Budget and Finance— None. B. Personnel— None. C. Police and Fire— None. D. Planning ( Project Management, Code Enforcement, Permits, and Inspections)— None. E. Recreation— None. F. Infrastructure( Streets, Garage, Cemetery, Parks, Water, Wastewater, Solid Waste, Facility Maintenance)— Mayor Pro Tern Youtsey went over what was discussed in the meeting and had Byron explain the issues of the reuse water supply. G. Government— Mayor Pro Tern Youtsey went over what was discussed in the meeting. Personnel None. Public Safety Police Department: Police Chief Kirk Roberts greeted the mayor and council and stated he had nothing on the agenda. Chief Roberts updated on both the officers that were injured in a collision recently and are doing well and back on light duty. He then introduced the new hire Certified Officer Mack. Mr. Mack gave his appreciation and thanks to the council for the opportunity. Then Chief stood for questions. Fire Department: A. Acceptance of donation from Eddy County of a 2007 DRW F- 550 Fire Chief Kevin Hope greeted Mayor and Council. Chief Hope stated he only had one item on the agenda tonight and explained the donation of the vehicle and correction of the registration. Councilor Rodriguez made a motion to accept the donation from Eddy County. Seconded by Councilor Hagelstein and Councilor Mariscal and upon vote, the motion carried. Chief Hope stood for questions. There were none. Community Development Community Development Director Jim McGuire stood for questions. There were none. Infrastructure A. * Consideration and approval for an Access Agreement for Environmental work at Allsup' s 1126 Petroleum Storage Tank Site, 611 N 8th St. Artesia, NM FID: 854, RID1316. 11  Minutes, June 27, 2023 Page 8 Infrastructure Director Byron Landfair greeted the mayor and council and stated the final item on the agenda tonight. Mr. Landfair explained the Access Agreement for Environmental work at Allsup' s on 611 N 8t St. Councilor Rodriguez made a motion to approve the consideration approval. Seconded by Councilor Hagelstein and Mariscal and upon vote, the motion carried. Infrastructure Director Byron Landfair brought to the council' s attention that on the 10th of July at 5: 30 here there will be a Town Hall where they will be entertaining the annexing of what they are calling the Paris and York Section. He stated certified letters have gone out to all residents in the area and only received one written objection. And will be sending out a notice of quorum on that if they should attend. Mr. Landfair moves to the update on 20th Street and explains the end of their contract is the end of this week. He stated Industrial Park is moving along well. Byron stated Freeman has not yet been started on that slated for at least another month out before they start shutting it down. Byron then went into a discussion over the splash pad. He commented that the item that was disliked was not able to be replaced. Then stated to the council if they agree on how it looks then he' ll start on it to get it sent out for plans to have ready by October for when the funds become available. He then spoke of the truck that was purchased for the Solid Waste Department. Then stood for questions. Councilor Hagelstein asked from Main Street to Grand Street, if there was a resolution in place between the business owner and Smith on what we are going to do. Byron responded with the change order approved in a previous meeting as that resolution. It will keep up southbound traffic open for the majority of the project which will allow some access. Byron went into more explanation of that. City Attorney None City Clerk A. * Consideration and approval of FY22- 23 Budget Adjustment Resolution 1825. City Clerk Summer Valverde gave an explanation of the Budget Adjustment and ratification of it. Then stood for questions. Councilor Rodriguez made a motion to approve Resolution 1825. Seconded by Councilor Hagelstein and upon vote, the motion carried. RESOLUTION 1825 B. * FY22- 23 Financial Review City Clerk Summer gave a recap on the FY22- 23 Financial Review. She went over the GRT Revenue and what the variance is. She stated there was a budget deficit of 4. 2 million which she  Minutes, June 27, 2023 Page 9 stated that was starting where the Council put the GRT at one million eight hundred fifty El thousand, which was above budget of 5. 9 million. Summer continued to explain positions that were unfrozen and added positions within the city and some of the filled positions. She also highlighted some of the capitals in the departments. Then stood for questions. Councilor Rodriguez brought up some concerns from the library and wanted an update on installing equipment out there. Summer stated that the government committee and her are aware of the situation and it is concerning all the IT issues. She pointed out that the IT department is down to one Discussion took place over the situation on the Library. Summer personally gave appreciation and thanks to the Fire and Police Department for a family situation that occurred over the weekend. Mayor A. * Considerationand approval for Professional Services Agreement( PSA) with Eddy County and the City of Artesia. Mayor Henry explained and talked about the highlights of the PSA. Councilor Rodriguez made a motion to approve the Professional Services Agreement with Eddy County and the City of Artesia. Seconded by Councilor Moreau and upon vote, the motion carried. New or other business from Councilors Mayor Henry announces to have a Happy 4th of July. Mayor Pro Tem Youtsey commented stay hydrated and keep your kids, elderly, and pets safe out there. Stay cool, it' s hot out there. Councilor Mariscal commented the same, stay cool out there. It' s hot. Councilor Rodriguez announces to remember the July 4th Parade and the route they will be taking and to stay hydrated and safe. Councilor Moreau gave an update on the Boys Scout' s on their adventure of a lifetime to a National Jamboree. They will leave on the 13th of July, traveling by Amtrac to Chicago, then to Washington D. C. stay there and see monuments and museums, then out in the wilderness of West Virginia with other scouts from all over the world. And asked to keep them in thoughts and prayers for a safe trip. Adjournment There bein o further business, the meeting was adjourned at 6: 30 P. M. on June 27, 2023. Jon Henry, or  Minutes, June 27, 2023 Page 10 ATTEST: ii Summer Valverde- City Clerk/ Treasurer 1 11 111,". • s C. /i:L/,,,, N t VI tra or,, ,:.• K. •- u, _ 0?! t, •,... 10, • .„,/ X 7'1. ••,. ,` 1:: 7... I/O • tollk 4N z. 0 • 1,1 k1,- Fit.,,,,,,,-, , I I 1 I Ill" 11 11